CG110067RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CG110067RT
: DRO DOCKET NO.AI110075R
Lebert Bailey TENANT:Lebert Bailey
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 1, 1988, the above-named petitioner filed a Petition for
Administrative Review against an order issued on June 2, 1988 by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 138-70 Elder Avenue,
Flushing, N.Y wherein the Rent Administrator determined that the
tenant had not been overcharged.
The administrative appeal is being determined pursuant to the
provisions of Section 2522.3 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the tenant of an
objection to the Initial Legal Registered Rent on September 4,
1986. The tenant took occupancy of the housing accommodation on
May 1, 1981 pursuant to a lease commencing May 1, 1981 and
terminating April 30, 1984, at a monthly rental of $450.00.
In response to the tenant's complaint, the owner submitted the
following documents: a photocopy of the original apartment
registration, and copies of all subsequent leases and lease
renewals for the subject housing accommodation.
CG110067RT
In response to DHCR request, the owner submitted on April 8, 1988,
among other things, a copy of an initial apartment registration
form (Form RR-1) dated April 5, 1984 and a copy of a U.S. Post
Office "Form P.O. 3877 postmarked June 26, 1984 and listing the
tenant's name, address and apartment number as proof of service of
the apartment registration form upon the complainant tenant.
In the order under appeal herein, the Rent Administrator determined
that the owner registered the April 1, 1984 rent for the subject
apartment and served the tenant with a copy of the Form RR-1; that
the rent as of April 1, 1984 which was registered by the owner was
the Initial Legal Registered Rent; and that the tenant was not
overcharged.
In this petition, the tenant alleges that the owner did not provide
him with a Form RR-1 and that he did not receive a record of the
previous tenant's rent.
The Commissioner is of the opinion that this petition should be
denied.
Pursuant to Sections 2522.3(c)(2), 2526.1(a)(2)(ii), and 2528.2(d)
of the Rent Stabilization Code, a tenant must file a challenge to
the initial apartment registration (overcharge complaint or fair
market rent appeal) within 90 days of service of the registration
form on the tenant by certified mail. Section 2528.2(d) further
provides that for registrations served prior to the effective date
of that section, any method of service permitted by the DHCR at the
time of service shall be deemed to have the same effect as service
by certified mailing.
The Division's instructions for service of the initial rent
registration on the tenant by the owner provided for hand delivery
of the envelope with signed receipt, use of the Post Office
"Carrier Route Pre-Sort" service through a bonded mailing house as
evidenced by the Post Office date-certification of the number of
pieces received from the mailing house for each building and the
mailing house addressee list, or regular first class mail
documented by Post Office Form #P.O. 3877.
DHCR instructions further provide that the proof(s) of receipt,
properly signed and dated (by the tenant, the post office, and the
mailing house, as appropriate) will be considered adequate by the
DHCR to establish the tenant's 90 day challenge period, which will
begin on the date of receipt.
To document the mailing of the apartment registration to the
CG110067RT
tenant, the owner has submitted a photocopy of P.O. Form 3877,
postmarked June 26, 1984, and containing the tenant's name, address
and Apartment No. as addressee. This document indicates the
mailing of 15 pieces via regular mail.
The Commissioner finds that the documentation conforms to DHCR
service requirements and adequately substantiates the mailing of
the apartment registration to the tenant on June 20, 1984.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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